It's a nice problem to have: enough money that you need to think about lessening estate taxes for heirs. And this is a good time to start estate planning, since the interest rates the government sets for one strategy, called installment sales, make it particularly attractive right now.
The strategy is called a sale, but it's more like a loan.
It lets you temporarily transfer, or "sell," an asset to an heir. The asset could be cash, real estate, or a share in a family business, among other things. As long as the heir signs a promissory note, eventually returns the asset, and pays you a government-set interest rate—3.2% in June for three- to nine-year notes—they can keep what they've earned on the asset above that rate.
That benefits both you and your heirs, says Holly Isdale, managing director at Lehman Brothers (LEH). Since the appreciation on the asset above 3.2% goes to the heir, rather than into the estate, it lessens potential estate tax and lets the heir benefit from the wealth now.
What's key to the deal—aside from smart investing and, with real estate, asset valuations that may be low today—is the 3.2% rate, known as the Applicable Federal Rate. The AFR changes monthly but applies to the life of a note and is based on the one-month average of a basket of short-, medium-, or long-term Treasuries. June's rate of 3.2% for mid-term notes, while low, is up from May's 2.74%, the lowest rate since July, 2003. For notes of less than three years, the current rate is 2.08%.
Don R. Weigandt, managing director of JPMorgan (JPM) Private Bank in Los Angeles, explains how it works using a hypothetical example of a simple "sale" of $1 million in cash. The first step, he says, is for the heir to sign a promissory note, pledging to repay the principal plus compounded interest of 3.2% after five years.
Fast-forward five years. Your heir has invested wisely and averaged an annual return of 5.5%, for a gross return of $306,960. She sells the investments she bought with the $1 million and returns the cash to you. At tax time, she subtracts the 3.2% in compound interest, or $170,573, paid to you from her gross return, netting $136,387. She then pays a capital gains tax of 15%, or $20,458, on that amount. End result? She has $116,000 she didn't have five years ago.
Be aware that with an installment sale, tax rules may vary depending on the asset. The $1million cash example doesn't involve tax for the "seller" when returned, but a sale involving real estate may be subject to capital gains tax on an appreciated asset when it's returned.
There are other ways to give a similar amount to an heir, each with potential drawbacks. Under current law, you can give $12,000 to the same person for 10 years without incurring federal tax, says Weigandt. But many financial factors—including the tax code—could change in that time. And the sooner your heirs receive any large gifts, the more they can benefit from the compounding of returns over time. You could also choose to give an heir a lump sum of $116,000 now. But if you've already used up your lifetime gift tax exclusion of $1 million, this generous act would trigger a gift tax rate of 41% to 45%, depending on the total amount you've given.
Estate planning is a complex challenge that's tempting to postpone. But low rates and the prospect of changing tax policies could make this a good moment to make your move.